Class Action Challenges ‘Deceptive’ Labeling of ‘Lemon’ Polar Seltzer

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A proposed class action challenges the manner in which Polar represents its lemon-flavored seltzer, contending that the product’s name is “false, deceptive and misleading” given the beverage lacks the amount and type of lemon ingredients consumers expect.

The 17-page case argues that consumers expect lemon Polar seltzer to contain “a non-de minimis amount of lemon ingredients” based on the company’s advertising and product labeling, which heavily feature the color yellow and images of lemons slices. Moreover, Polar’s “refreshingly natural” statement furthers the impression that lemons exist in the seltzer as a result of being expressed or squeezed, the suit says. 

Overall, Polar’s packaging and labeling are misleading because they lead consumers to believe the seltzer contains a greater amount of lemon ingredients than it actually does, the complaint claims. 

Further, the lawsuit argues that the disclosure in the seltzer’s ingredients list that it contains “natural flavors” is insufficient to relay to buyers that the beverage’s taste comes not from real lemons but mostly from “a mix of essences from a variety of fruits and vegetables” combined in a lab with “additives and solvents.” 

From there, the case tackles the “Made With Natural Flavors” disclosure that appears on the Polar seltzer’s label, arguing that it’s placed where consumers are “likely not to notice it, instead of in the center where identical federal and state regulations require.” At any rate, the suit relays, the disclosure fails to tell consumers the source of the seltzer’s lemon taste. 

“Consumers who purchase the Product in a case are not even presented with the attempted disclaimer far off to the right on the product, which states, ‘MADE WITH NATURAL FLAVORS,’” the complaint reads. 

Per the suit, the seltzer’s lemon taste, according to “[l]aboratory analysis,” comes mainly from added limonene and citral “without the variety and relative amounts of other essential lemon compounds,” the absence of which, the lawsuit goes on to say, indicates the use of minimal real lemons for flavor. 

The lawsuit argues that whether a product contains real lemons or only tastes like lemon is “basic front label information” consumers rely on when making in-store purchasing decisions. According to the complaint, the value of the Polar lemon seltzer is materially less than its value as represented by the defendant, who the suit claims has been able to sell more of the product and at higher prices than it would have “in the absence of this misconduct.” 

The case looks to cover consumers in Illinois, Iowa, Arizona, Ohio, Alabama, Louisiana, West Virginia, New Jersey, Massachusetts, Michigan, Georgia, Utah, Delaware, New Hampshire, Maine, Vermont, Texas, Arkansas, Virginia and Oklahoma who bought lemon Polar seltzer within the applicable statute of limitations period. 

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